Wash. Admin. Code § 391-55-211 - Special provision-Interest arbitration-Selection of neutral chairperson for state
(1) Preceding the
commencement of negotiations for bargaining units eligible for interest
arbitration under
RCW
41.56.028,
41.56.029,
41.56.475,
41.56.510,
41.56.516,
41.80.200,
41.80.310,
47.64.300, or
74.39A.270(2)(c),
but no later than February 1st of each even-numbered year, the parties shall
utilize the following procedure to select a neutral chairperson unless an
alternative process is specified by law or has been mutually agreed upon by the
parties:
(a) If the parties agree on the
selection of a neutral chairperson, they shall obtain a commitment from that
person to serve and shall notify the executive director of the identity of the
chairperson.
(b) If the parties
agree to have the agency appoint a staff member as the neutral chairperson,
they shall submit a written joint request to the executive director. The
parties are not entitled to influence the designation of a neutral chairperson
under this subsection and may not, either in writing or by other communication,
attempt to indicate any preference for or against any person as the neutral
chairperson to be appointed by the agency. Upon the submission of a request,
the executive director shall appoint a neutral chairperson from the agency
staff.
(c) If the parties desire to
select a neutral chairperson from a panel of arbitrators, they shall attempt to
agree as to whether the public employment relations commission, the Federal
Mediation and Conciliation Service, or the American Arbitration Association
will supply the list of arbitrators. If the choice of agency is agreed, either
party or the parties jointly shall request a panel of at least five arbitrators
specifying that the request is for interest arbitration proceedings under the
applicable statute. Referrals and selection from the public employment
relations commission's dispute resolution panel must be made as provided in WAC
391-75-020. Referrals and
selection from other panels must be made under the rules of the agency
supplying the list of arbitrators. The parties shall notify the executive
director of the identity of the neutral chairperson.
(d) If the parties have not notified the
executive director of their selection of a neutral chairperson within 28 days
after February 1st of each even-numbered year, or requested an extension of
time to complete the selection process, the parties are deemed to have waived
the procedures in (a) through (c) of this subsection. The executive director
shall issue a list of dispute resolution panel members and the neutral
chairperson must be selected as provided in WAC
391-75-020.
(2) Once a neutral chairperson is selected,
the parties shall work with the neutral chairperson to select a mutually
agreeable hearing date(s) and location. This information must be transmitted to
the executive director within 30 days of it being finalized.
Notes
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